The stipulation in issue provides that plaintiff wife would owe defendant husband no money if the sale of the marital residence did not realize a "net profit" above the "upset price", defined as the balance due on the mortgage plus the brokerage fee. In fact, the sale did realize an amount in excess of the "upset price", but additional closing costs more than exceeded the difference. To interpret such a sale as having realized a "net profit", as the husband does, would leave...
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